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Alexandria Family Law Blog

Calculating child support in a VA divorce

When couples file for divorce in Virginia, children are often left to go through major emotional and financial changes in their lives. As a way to minimize some of these dramatic changes, the court will issue a child support order to the non-custodial parent in the case. Child support is designed to bridge the financial gap that children often experience when they are forced to move into a new home and adapt to a new lifestyle.

Virginia calculates child support amounts based off the income shares model. This idea is based off the belief that children should have access to the same financial support that they would have had if their parents had stayed married. The amount of child support is based off both parents’ income, as well as several other factors that the judge may consider. According to Virginia statutes, these factors include the following:

  •          Standard of living that the child was familiar with prior to the divorce.
  •          Current occupation, income and earning potential of each parent.
  •          Medical, educational and child care needs of the child.
  •          Tax consequences, such as child tax credits, claims for exemptions and child care credits.
  •          Life insurance coverage.
  •          Cost of visitation and travel.

Study: How joint custody benefits kids

There are many kids who spend a majority of the time with the custodial parent, and then visit the other parent on the weekends and on holidays. However, a study shows the benefits that kids experience when they are able to spend equal amounts of time with each parent. A meta-analysis reported in the Journal of Family Psychology found that children of divorce are often better adjusted when parents have shared custody rather than sole-physical custody.

The study showed that children who spent a significant amount of time with both parents on a regular basis were less likely to have emotional and behavioral problems. Furthermore, these children had higher self-esteems and did better in school than those children who spent the majority amount of time with one parent.

How does the VA offset factor in divorce settlements?

If you are a Virginia veteran with a former spouse, a recent ruling by the US Supreme Court with regard to retirement benefits and divorce settlements may be welcome indeed. This ruling overturned an older decision by a state court and shined a light on some of the issues with the VA offset.

Military Times reports that in 2005, John Howell learned that he was eligible to receive disability benefits. Like many veterans, he elected to waive a portion of his taxable retirement check for a nontaxable VA disability payment. (The choice to accept this so-called VA offset is necessary if you wish to receive disability payments but have a disability rating of less than 50 percent; however, if you have a disability rating of 50 percent or greater, you may receive disability and retirement payments at the same time.)

Finding your spouse’s offshore accounts

If you are planning to file for divorce in Virginia, you are likely preparing by gathering as much information about your spouse’s assets and financial situation as you can. Whether or not you realize it, your spouse may be hiding funds in an offshore account. We at Jeffrey A. Vogelman and Associates know how important it is to find and report all assets in a divorce, which is why we will do everything possible to help you locate any available funds.


Should you consider a postnuptial agreement in Virginia?

Most people have heard of prenuptial agreements. These documents outline conditions for the marriage, including how things like asset division and child custody and support will be handled in the case of a divorce. Sometimes, there are clauses that require the marriage to be a certain length for spousal support or infidelity clauses that include a payout to the spouse who has been cheated on.

Couples that have a prenuptial agreement are typically well-protected. However, couples who didn't create a prenuptial agreement but have experienced issues may want to consider a postnuptial instead.

How to create a parenting plan for a military divorce

Creating a parenting plan can be difficult for any divorcing couple, but if you are part of a military family in Virginia, you may find the process even harder. Not only will all of the typical details need to be considered, but the inconsistencies of military life can make the process much more complicated. We at Jeffrey A Vogelman want to keep the process as simple as possible.


Can I access my child’s records if I do not have custody?

Parenting after divorce can prove to be a difficult struggle. If you do not have custody of your child, you may find yourself constantly battling to have sufficient visitation time and receive the rights you feel you deserve as a parent. One area that can prove especially tricky for non-custodial parents is control over health, medical and school records. Even if you do not have custody, situations may arise where you need to access your child’s information. The Virginia State government details what the law says about these incidents.


Establishing paternity important for child support

Child support can be a crucial resource for ensuring that children are healthy, happy and provided for following a divorce or separation. Establishing paternity is often an important step for Virginia parents seeking child support, and it offers many benefits for the children involved.

According to the Virginia Department of Social Services, custodial parents should establish the paternity of their children for several reasons. For one, the father must be identified legally before he can be required to provide child support. Paternity not only formalizes the relationship between father and child but also ensures that children receive inheritance rights to their father’s property or benefits, such as life insurance and Social Security.

Why You Should File Prenuptial Agreements in Virginia

Getting married irrefutably serves as the ultimate form of happiness to most couples in the U.S. According to them, nothing can be compared to spending cherished moments with their loved ones as well as raising a new family. Despite the bubble perceived by most spouses, you might want to prepare prenuptial agreements with the sole intention of protecting your assets in case the marriage fails. Despite common beliefs, prenuptial agreements don't intend to limit expressions of love and unconditional support to your significant other. They merely act as a security mechanism when the dreaded divorce finally beckons on your door.

Traditionally, prenuptial agreements mainly served celebrities or prominent personalities classified among the "high-asset people." Fast forward today, more couples have embraced a marital contract based on the following essential benefits: 

What can I include in a prenuptial agreement?

We've all heard of prenuptial agreements, either through characters on TV shows or high-paid celebrities, who always seem to be fighting over them. We think of them as documents that protect a spouse from having to part with a huge chunk of money in a divorce. While this is true, prenups can do a lot more than just that.

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Alexandria, VA 22314

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